Section 335.477 - ExemptionsThis subchapter does not apply to:
(1) facilities regulated by the Railroad Commission of Texas under the Natural Resources Code, § 91.101 or § 141.012;(2) owners and operators of facilities listed in § 335.473 of this title (relating to Applicability) who may apply on a case-by-case basis to the executive director for an exemption from this subchapter. The executive director may grant an exemption if the applicant demonstrates that sufficient reductions have been achieved. If an exemption is granted, it is valid only for the following year, but can be renewed, on an annual basis, by filing a new application. The executive director's decision will be based upon the following standards and criteria for determining practical economic and technical completion of the plan:(A) the facility has reduced the amount of pollutants and contaminants being generated or released by 90% since the base year;(B) potential impact on human health and the environment of any remaining hazardous waste generated, or pollutant or contaminant released; and(C) a demonstration that additional reductions are not economically and technically feasible.30 Tex. Admin. Code § 335.477
The provisions of this §335.477 adopted to be effective January 3, 1992, 16 TexReg 7532; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 30, 2003, 28 TexReg 735; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0345, eff. 2/3/2022